India is currently witnessing several problems such as a shortage of medicines and medical staff due to the catastrophic pandemic. Vaccines are being administered to the citizens and hence, one needs to look after the issues associated with the ongoing largest Covid-19 vaccination drive in India. The two major issues are the higher prices of vaccines, and the shortage of vaccines.
SUPREME COURT TO THE RESCUE
On 2nd May 2021, a Supreme Court bench comprising of Justices D.Y. Chandrachud, S. Ravindra Bhat and L. Nageswara Rao came out with a progressive order on a suo-motu petition concerning these issues. The bench observed that, “The manner in which Centre’s current vaccine policy has been framed would prima facie result in a detriment to the right to public health which is an integral element of Article 21 of the Constitution”. By this observation, the Court has confirmed that the Centre’s vaccination policy lacks a proper explanation, and is harsh on the fundamental rights of citizens.
Furthermore, highlighting the suggestion of manufacturers for a higher price of vaccines for state governments and a lower one for the centre, the bench noted that, “it is likely that compelling the state governments to negotiate with manufacturers on the ground of promoting competition and making it attractive for new vaccine manufactures will result in a serious detriment to those in the age group of 18 to 44 years, who will be vaccinated by the state governments, the social strata of this age group also comprises persons who are Bahujans or belong to other underprivileged and marginalized groups, like many in the other population age groups and they may not have the ability to pay”. The Court also suggested the central government to procure all vaccines and negotiate the price with vaccine manufacturers which would be in line with the right to health under Article 21. In the light of this order, it can be interpreted that the right to health under Article 21 encompasses a right to affordable vaccination, and ensuring this is a mandate for the overall well-being of the country. The presence of such rights is futile if the government does not take steps for their implementation. Serum Institute of India and Bharat Biotech have already announced rates for private and state procurement of vaccines which are apparently the costliest in the world. The WHO in 2019 has listed “Vaccine hesitancy” as one of the top ten challenges to global health. One of the most important reasons for this is the unaffordable rates of vaccines. To combat this hesitancy, the Indian government should ensure that there is a right to affordable or free vaccine for all Indians so that it also reaches the marginalized sector.
HIGH COURTS’ VIEWPOINT
Moreover, on 13th May 2021, a division bench of the Karnataka High Court led by the Chief Justice Abhay Oka held that, “Once dose is due it is the obligation of the state government to provide the second dose, if a second dose is not provided, it will be a violation of fundamental rights of citizens under Article 21”. The Court went on to direct the central and state government to ensure that a sufficient quota of vaccines is procured so that the right to health of citizens does not get violated. The alarming shortage of vaccines in India which has also been confirmed by the Delhi High Court and the Allahabad High Court is acting as a deterrent to the largest vaccination drive. In the light of public health, as also suggested by the Karnataka High Court, it is now necessary to provide the Covid-19 vaccine’s formula to other manufacturers as well. Ensuring this could speed up the production of vaccines which would, in turn, protect the fundamental rights of citizens under Article 21.
CONCLUDING NOTE
India is a signatory to the Universal Declaration of Human Rights, and has ratified the International Covenant on Economic, Social and Cultural Rights which enshrine the right to health. Further, the World Health Organization has advocated for declaring vaccination as a “global public good”. Countries like the United States, Japan, and France have already pledged free and accessible vaccines for their whole population. Therefore, it is incumbent upon the Indian government to act with a vision for upholding such human and constitutional rights in an inclusive way so that every citizen gets to enjoy the highest attainable level of health. The saying ‘Stay home, Stay safe, and get vaccinated’ can be achieved only when these aforesaid problems get resolved.